22-22-1.
Rape--Degrees--Felony--Statute of limitations.
Rape is an act of sexual penetration
accomplished with any person under any of the following circumstances:

(1)
If the victim is less than thirteen years of age; or

(2)
Through the use of force, coercion, or threats of immediate and great bodily harm against
the victim or other persons within the victim's presence, accompanied by apparent power
of execution; or

(3)
If the victim is incapable, because of physical or mental incapacity, of giving consent to
such act; or

(4)
If the victim is incapable of giving consent because of any intoxicating, narcotic, or
anesthetic agent or hypnosis; or

(5)
If the victim is thirteen years of age, but less than sixteen years of age, and the perpetrator
is at least three years older than the victim.

A violation of subdivision (1) of this section is rape in the first degree, which is a Class C felony.
A violation of subdivision (2) of this section is rape in the second degree which is a Class 1 felony.
A violation of subdivision (3) or (4) of this section is rape in the third degree, which is a Class 2
felony. A violation of subdivision (5) of this section is rape in the fourth degree, which is a Class 3
felony. Notwithstanding the provisions of § 23A-42-2, no statute of limitations applies to any charge
brought pursuant to subdivisions (1) or (2) of this section. Otherwise a charge brought pursuant to
this section may be commenced at any time prior to the time the victim becomes of age twenty-five
or within seven years of the commission of the crime, whichever is longer.